Car accidents are an unfortunate reality for many drivers in New Hampshire. No matter how careful you are behind the wheel, accidents can happen in a split second. The aftermath can leave you feeling overwhelmed and uncertain about what steps to take, especially when you are injured. If you find yourself in this situation, knowing what to do immediately following the crash is essential for protecting your health, legal rights, and financial stability.
When you’re involved in a car accident in New Hampshire, the decisions you make and actions you take could have a lasting impact on the outcome of any potential injury claims. Whether it’s dealing with medical bills, missed work, or navigating insurance companies, understanding the steps to take can make a significant difference in your recovery process. In this guide, we will walk through the important actions to follow after being injured in a car accident, the role of New Hampshire’s laws, and how legal representation can assist you.
James J. Tenn, Jr.
Attorney
Mary Elizabeth Tenn
Attorney
John J. Tenn
Attorney
Working hard to obtain the best results possible for our clients and fighting to protect their rights.
Assessing the Scene and Ensuring Safety
The moments immediately following a car accident are critical, and safety should be your top priority. If you are physically able, the first thing you should do is check if you or anyone else involved in the accident is injured. Assess the scene and move to a safer location if necessary to avoid further collisions or harm. Staying at the scene is not only essential for your well-being but also a legal obligation. Leaving the site of an accident could lead to serious legal consequences, especially if there are injuries.
Once you are safe, call 911 to report the accident and request medical assistance. Even if your injuries seem minor at the moment, it is still crucial to be evaluated by medical professionals, as symptoms may not appear right away. In addition to ensuring your health, obtaining medical records and treatment details is critical when it comes to filing an insurance claim or pursuing compensation for your injuries.
Documenting the Accident and Gathering Evidence
One of the most important steps to take after ensuring safety is documenting the accident. While you are still at the scene, gather as much information as you can. Start by exchanging contact and insurance details with the other driver. Make sure to get their name, phone number, insurance policy number, and vehicle information. Additionally, ask for contact information from any witnesses who saw the accident unfold. Witness statements can play a crucial role in determining fault and supporting your claim.
If you have a phone or camera, take pictures of the accident scene, including the vehicles involved, any visible injuries, road conditions, and any property damage. Photographs can serve as strong evidence when negotiating with insurance companies or presenting your case in court. The more detailed the documentation, the easier it will be to prove liability and the extent of your damages.
When law enforcement arrives, cooperate fully and provide an accurate account of what happened. The responding officer will likely create a police report, which will contain valuable information about the accident. Request a copy of this report, as it can be used later when you file a claim or need to provide evidence to your attorney.
Seeking Medical Attention and Following Up
After the accident, seeking medical attention should be one of your first priorities, even if you feel that your injuries are minor. Some injuries, like whiplash or concussions, may not show symptoms until hours or even days after the crash. Prompt medical attention not only ensures that your injuries are properly diagnosed and treated but also provides crucial documentation for any future legal claims. Be sure to keep all records of your hospital visits, treatments, and medical bills, as this will be necessary when seeking compensation for your injuries.
It is also important to follow your doctor’s recommendations and attend any follow-up appointments. Insurance companies may attempt to argue that your injuries are not as severe as claimed if you fail to seek consistent treatment. By adhering to your prescribed care plan, you can avoid undermining your claim.
Navigating Insurance Companies and Filing a Claim
Dealing with insurance companies can be one of the most challenging aspects of the post-accident process. In New Hampshire, the at-fault driver is typically responsible for covering the damages caused by the accident. This means you will likely need to file a claim with the at-fault driver’s insurance company to seek compensation for your injuries, medical expenses, and any property damage.
However, insurance companies are often focused on protecting their own interests and may offer settlements that do not fully cover your losses. It is important to be cautious when speaking with insurance adjusters and avoid making statements that could be used against you. Before accepting any settlement offers, it is advisable to consult with an attorney to ensure that the offer is fair and that all your losses, including future medical expenses and lost wages, are considered.
In some cases, the insurance company may deny your claim or dispute the amount of compensation you are seeking. If this happens, having legal representation can be invaluable. An experienced attorney can negotiate with the insurance company on your behalf, gathering the necessary evidence and advocating for your rights.
Understanding New Hampshire’s Comparative Fault Law
New Hampshire operates under a comparative fault system, which can affect how much compensation you are entitled to after a car accident. Under this system, your compensation may be reduced by the percentage of fault attributed to you. For example, if you are found to be 20 percent at fault for the accident, your compensation may be reduced by 20 percent. If you are found to be more than 50 percent at fault, you may be barred from recovering any compensation at all.
Because of New Hampshire’s comparative fault rules, it is crucial to present a strong case that minimizes your liability. This is where having the right legal representation can make a difference. An attorney can help gather evidence to demonstrate that the other party was primarily responsible for the accident and work to reduce any allegations of fault against you.
Filing a Personal Injury Lawsuit
In some cases, negotiations with the insurance company may not result in a fair settlement, and you may need to consider filing a personal injury lawsuit. In New Hampshire, there is a statute of limitations for filing a lawsuit related to car accident injuries. This time limit is generally three years from the date of the accident. Failing to file within this time frame can result in losing your right to seek compensation.
If you decide to pursue a lawsuit, your attorney will help build a strong case by gathering evidence, interviewing witnesses, and consulting medical specialists if necessary. While many car accident cases are resolved through settlement negotiations, having a skilled attorney who is prepared to take your case to court can increase your chances of receiving full and fair compensation.
The Importance of Legal Representation
The legal process following a car accident can be complicated and overwhelming, particularly if you are dealing with serious injuries. Hiring an attorney who understands New Hampshire’s laws and legal system can make a significant difference in the outcome of your case. An attorney can help you navigate the complex process of dealing with insurance companies, ensure that all necessary documentation is filed, and represent you in negotiations or court if needed.
Legal representation also provides peace of mind during a challenging time. With an attorney handling the legal aspects of your case, you can focus on your recovery and getting your life back on track.
If you or a loved one has been injured in a car accident in New Hampshire, it’s important to understand your rights and seek the compensation you deserve. Tenn And Tenn, PA has extensive experience in helping car accident victims navigate the legal system and recover fair compensation for their injuries. Our dedicated team will work with you every step of the way, ensuring that your case is handled with care and attention. To get started on your road to recovery, contact Tenn And Tenn, PA today to schedule a consultation.